99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3599

 

Introduced , by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Student Optional Disclosure of Private Mental Health Act. Defines terms. Provides that all institutions of higher learning shall, at or near the time that an incoming student enrolls at the institution of higher learning, provide that student the opportunity to pre-authorize in writing the disclosure of certain private mental health information to a designated person. Provides that all institutions of higher learning shall prepare a form for the purpose of such pre-authorization. Provides that all institutions of higher learning shall create a policy to ensure that every new student is given the opportunity to complete and submit the form if he or she so desires.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3599LRB099 10237 SXM 30463 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Optional Disclosure of Private Mental Health Act.
 
6    Section 5. Definitions. In this Act:
7    (a) "Designated person" means a parent, guardian, or other
8person over the age of 18 designated by the student to receive
9disclosure of certain private mental health information.
10    (b) "Qualified examiner" has the meaning ascribed to that
11term in Section 1-122 of the Mental Health and Developmental
12Disabilities Code.
 
13    Section 10. Disclosure of mental health information.
14    (a) An institution of higher learning in Illinois shall, at
15or near the time that an incoming student enrolls at the
16institution of higher learning, provide that student the
17opportunity to authorize in writing the disclosure of certain
18private mental health information to a designated person.
19    (b) The institution may disclose the student's mental
20information if a physician, clinical psychologist, or
21qualified examiner who is employed by the institution of higher
22learning makes a determination that the student poses a clear

 

 

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1and present danger to himself, herself, or to others.
2    The physician, clinical psychologist, or qualified
3examiner shall, as soon as practicable, but in no more than 24
4hours after making a determination under this Section, attempt
5to contact the designated person and notify the designated
6person that the physician, clinical psychologist, or qualified
7examiner has made a determination that the student poses a
8clear and present danger to himself, herself, or to others.
 
9    Section 15. Preparation of authorization form. An
10institution of higher learning shall prepare a form for the
11purpose of such authorization and shall create a policy to
12ensure that every new student is given the opportunity to
13complete and submit the form if he or she so desires. The form
14shall provide a space for the student to affirmatively
15authorize, or decline to authorize, the disclosure of the
16information. The firm shall contain a space for the student to
17enter the name, address, telephone number, and other contact
18information for the designated person.